DECISION ON PROSECUTION MOTION FOR ADMISSION OF TRANSCRIPT
PURSUANT TO RULE 92BIS(D) FOR WITNESS B-1132

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Office of the Prosecutor:

Mr. Geoffrey Nice
Ms. Hildegaard Uertz-Retzlaff
Mr. Dermot Groome

Amici Curiae:

Mr. Steven Kay
Mr. Branislav Tapuskovic
Prof. Timothy McCormack

The Accused:

Mr. Slobodan Milosevic

THIS TRIAL CHAMBER of the International Tribunal for
the Prosecution of Persons Responsible for Serious Violations of International
Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991
("International Tribunal"),

BEING SEISED ofa confidential "Prosecution Motion for the Admission of Transcripts Pursuant to Rule 92bis(D) in Relation to Events in Prijedor", filed by the Office of the Prosecutor ("Prosecution") on 12 December 2003 ("Motion"), requesting, inter alia, that the Trial Chamber, pursuant to Rule 92bis(D) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), admit into evidence the transcript and related exhibits of Witness B-1132 without requiring the witness to appear for cross-examination,

NOTING the confidential "Prosecutionís Corrigendum to ĎProsecutionís Motion for the Admission of Transcripts Pursuant to Rule 92 BIS (D) in Relation to Events in Prijedorí", filed by the Prosecution on 22 January 2004 ("Corrigendum"),

CONSIDERING that (1) there are significant deficiencies in the supporting materials provided by the Prosecution to the Trial Chamber, Amici Curiae, and the Accused, which the Prosecution seeks as part of the Motion to have admitted into evidence; (2) these deficiencies have not been cured by the Corrigendum; and (3) the Trial Chamber is unable to assess the relevance and probity of the supporting materials,

CONSIDERING therefore that the Trial Chamber is unable to determine the merit of the Motion,

PURSUANT to Rules 54 and 92bis(D) and (E) of the Rules,

HEREBY DENIES the Motion.

Done in both English and French, the English text being authoritative.